DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation
Claims 1-5 recite “hollow graphite particles” but do not further define “hollow graphite particles” by providing, for example, a degree of hollowness or other measurement to demonstrate measured hollowness. Per Merriam-Webster online dictionary, hollow means having unfilled or hollowed-out space within. In terms of a graphite particle, the broadest reasonable interpretation of hollow is a graphite particle which is taught to have functional voids within, such as pores, reads on hollow graphite particles, since such particles would be considered at least partially hollow.
Further, claims 1-5 recite “solid graphite particles” but do not further define “solid graphite particles” by providing, for example, a degree of solidness or other measurement to demonstrate measured solidness. Per Merriam-Webster online dictionary, solid means being without an internal cavity. In terms of a graphite particle, the broadest reasonable interpretation of solid is that a graphite particle that does not have functional internal voids or which is taught to minimize internal voids or which does not require internal voids for functionality reads on solid graphite particles, since such particles would be considered mostly solid or inherently solid.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3 and 5 is/are rejected under 35 U.S.C. 102(a)(1)as being anticipated by Choi et al. US20180190985A1, as provided on the IDS dated 7/24/2023, hereinafter Choi.
Regarding Claim 1 Choi discloses an energy storage device [Choi abstract and throughout] comprising
a negative electrode including a negative substrate and a negative active material layer layered directly or indirectly on at least one surface of the negative substrate [Choi 0104 and throughout],
wherein the negative active material layer contains:
solid graphite particles that have a median diameter D1 [Choi abstract and throughout, fine second artificial graphite particles B with D1 of 3 µm to 5 µm. Choi does not teach voids in the fine second artificial graphite particles B; thus, Choi’s fine artificial graphite particles B are considered solid graphite particles meeting the requirements of the limitation.];
hollow graphite particles that have a larger median diameter D2 than the solid graphite particles [Choi abstract, 0020, 0023, 0025, 0052-0055, 0064-0066, 0095-0097, the first artificial graphite particles A, which are secondary particles, with D2 of 15 µm to 20 µm, Choi teaches first artificial graphite particles A include secondary particles having first pores inside the secondary particle [0020, 0052-0055], second pores as an empty space between the carbon coating layer and the graphite particle [0023, 0064-0066 ], and third pores as empty space between internal graphite particles and the second artificial graphite particle [0025, 0064-0066 ], which result in a porosity of 5 to 20% providing the function of improving contact area between lithium ions and the active material [0052-0055]. Choi’s pores as describe provide a functional empty space within the particles and thus read on hollow graphite particles as claimed. Since the size of Choi’s hollow graphite particles have a diameter range greater than the diameter range of the solid graphite particles, the medium diameter requirement is met. ]; and
a conductive agent, and wherein the conductive agent is fibrous carbon [Choi 0116, Choi discloses materials for a conductive agent which include carbon fibers].
Regarding Claim 2, Choi discloses the energy storage device according to claim 1, wherein a relationship between the median diameter D1 of the solid graphite particles and the median diameter D2 of the hollow graphite particles satisfies 1 < (D2/D1) 10 [Choi abstract and throughout, 0139-0152, Table 1, D1 is 3 to 5 µm and D2 is 15 to 20µm in Table 1,Choi’s examples 1-5 are for mixing hollow artificial graphite particles (first artificial graphite particles) with solid graphite particles (second artificial graphite) with results provided in Table 1. Example 1 ratio is 20 µm/4µm or 4, Example 2 ratio is 19 µm/5µm or 3.8, Example 3 ratio is 15 µm/3µm or 5, Example 4 ratio is 20 µm/4µm or 4, Example 5 ratio is 20 µm/4µm or 4, all of which anticipate the claimed range].
Regarding Claim 3, Choi discloses the energy storage device according to claim 1 wherein the median diameter D1 of the solid graphite particles is 1 µm or more and less than 5 µm [Choi abstract and throughout, 0139-0152, Table 1, D1 is 3 to 5 µm, Choi’s examples 1-5 with solid graphite particles (second artificial graphite) summarized in Table 1. Example 1 4µm, Example 2 5µm, Example 3 3µm, Example 4 4µm, Example 5 4µm, all of which anticipate the claimed range.], and the median diameter D2 of the hollow graphite particles is 5 µm or more and 20 µm or less [Choi abstract and throughout, 0139-0152, Table 1, D2 is 15 to 20 µm, Choi’s examples 1-5 with hollow graphite particles (first artificial graphite) summarized in Table 1. Example 1 20µm, Example 2 19µm, Example 3 15µm, Example 4 20µm, Example 5 20µm, all of which anticipate the claimed range.].
Regarding claim 5, Choi discloses a negative electrode for an energy storage device [Choi abstract and throughout], comprising
a negative substrate and a negative active material layer layered directly or indirectly on at least one surface of the negative substrate [Choi 0104 and throughout],
wherein the negative active material layer contains:
solid graphite particles that have a median diameter D1 [Choi abstract and throughout, fine second artificial graphite particles B with D1 of 3 µm to 5 µm. Since Choi does not teach voids in the fine second artificial graphite particles B, the broadest reasonable interpretation of Choi is the fine artificial graphite particles B are solid graphite particles.];
hollow graphite particles that have a larger median diameter D2 than the solid graphite particles [Choi abstract, 0020, 0023, 0025, 0052-0055, 0064-0066, 0095-0097, the first artificial graphite particles A with D2 of 15 µm to 20 µm, Choi teaches first artificial graphite particles A have first pores inside the secondary particle [0020, 0052-0055], second pores as an empty space between the carbon coating layer and the graphite particle [0023, 0064-0066 ], and third pores as empty space between internal graphite particles and the second artificial graphite particle [0025, 0064-0066 ], which result in a porosity of 5 to 20% providing the function of improving contact area between lithium ions and the active material [0052-0055]. Choi’s pores as describe provide a functional empty space within the particles and thus read on hollow graphite particles as claimed. Since the size of Choi’s hollow graphite particles have a diameter range greater than the diameter range of the solid graphite particles, the medium diameter requirement is met. ]; and
a conductive agent, and wherein the conductive agent is fibrous carbon [Choi 0116, Choi discloses materials for a conductive agent which include carbon fibers].
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi, as provided for claim 1 above, and further in view of Ogi et al. JP2018078029, as provided on the IDS dated 7/24/2023 (machine translation relied upon provided), hereinafter Ogi.
Regarding claim 4, Choi discloses the energy storage device according to claim 1 but is silent to wherein the fibrous carbon has an average aspect ratio of 50 or more and 100 or less. Ogi discloses a negative electrode for an energy storage device [Ogi 0001 and throughout] wherein fibrous carbon provides the function of being a conductive agent [Ogi 0022] and having an aspect ratio of 10 to 200, which overlaps and obviates the claimed range. Per MPEP 2144.05, in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. It would have been obvious to one of ordinary skill in the art before the effective filing date to combine Ogi’s teaching about aspect ratio for fibrous carbon with Choi’s battery with fibrous carbon as a conductive material for the predictable result of a battery with a negative electrode with good electrical conductivity [Choi 0116; Ogi 0029].
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to M. T. LEONARD whose telephone number is (571)270-1681. The examiner can normally be reached Mon-Fri 8:30-5 EST.
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/M. T. LEONARD/Examiner, Art Unit 1724
/MIRIAM STAGG/Supervisory Patent Examiner, Art Unit 1724